HB 7239

1
2	A bill to be entitled
3	An act relating to the Department of Agriculture and
4	Consumer Services; amending s. 493.6106, F.S.; clarifying
5	that private investigative, private security, and
6	repossession services are licensed by the department;
7	amending s. 493.6121, F.S.; authorizing the department to
8	institute judicial proceedings to enforce ch. 493, F.S.,
9	or any rule or order of the department; amending s.
10	493.6303, F.S.; revising the requirements for a Class "D"
11	private security license; requiring the department to
12	establish the number of hours of each subject area to be
13	taught in training; providing for automatic suspension of
14	a license upon failure to submit documentation of
15	completing the required training; prescribing requirements
16	and conditions for persons licensed before a certain date;
17	providing exemptions; amending s. 501.059, F.S.;
18	prohibiting a telephone solicitor from blocking certain
19	information from a recipient's caller identification
20	service; providing an exception; authorizing a telephone
21	solicitor to substitute certain information provided to
22	the recipient's caller identification service; providing a
23	definition; prohibiting alteration of a caller's voice
24	during a telephonic sales call under certain circumstances
25	and for certain purposes; amending s. 501.142, F.S.;
26	providing that the regulation of refunds in retail sales
27	establishments is preempted to the department; authorizing
28	the department to adopt rules; authorizing the department
29	to enter orders for certain violations; requiring that any
30	moneys recovered by the department as a penalty be
31	deposited in the General Inspection Trust Fund;
32	authorizing a local government to impose penalties;
33	requiring that any moneys recovered by a local government
34	as a penalty be deposited in the appropriate local
35	account; amending s. 506.5131, F.S.; revising provisions
36	relating to assessment of fees, fines, and costs against
37	the owner of a shopping cart; providing an exemption;
38	amending s. 525.01, F.S.; defining the term "alternative
39	fuel" for purposes of ch. 525, F.S., relating to the
40	inspection of gasoline and oil; amending s. 527.11, F.S.;
41	exempting the delivery of certain amounts of propane gas
42	for use with outdoor equipment or appliances from
43	provisions governing the delivery of liquefied petroleum
44	gas; requiring that a person delivering liquefied
45	petroleum gas in bulk comply with certain storage
46	requirements; amending ss. 570.46 and 570.47, F.S.;
47	authorizing the Division of Standards within the
48	department to enforce ch. 527, F.S., relating to the sale
49	of liquefied petroleum gas; amending s. 570.544, F.S.;
50	deleting provisions requiring that an office or agency
51	receiving a complaint file progress reports with the
52	Division of Consumer Services within the department;
53	repealing s. 526.3135, F.S., relating to reports by the
54	Division of Standards, to conform to changes made by the
55	act; amending s. 616.242, F.S.; exempting certain
56	governmental entities from requirements that operators of
57	amusement rides maintain specified amounts of insurance
58	coverage; providing effective dates.
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.  Paragraph (c) of subsection (2) of section
63	493.6106, Florida Statutes, is amended to read:
64	493.6106  License requirements; posting.--
65	(2)  Each agency shall have a minimum of one physical
66	location within this state from which the normal business of the
67	agency is conducted, and this location shall be considered the
68	primary office for that agency in this state.
69	(c)  Each Class "A," Class "B," Class "R," branch office,
70	or school licensee shall display, in a place that is in clear
71	and unobstructed public view, a notice on a form prescribed by
72	the department stating that the business operating at this
73	location is licensed and regulated by the Department of
74	Agriculture and Consumer Services State and that any questions
75	or complaints should be directed to the department.
76	Section 2.  Subsections (5) and (7) of section 493.6121,
77	Florida Statutes, are amended to read:
78	493.6121  Enforcement; investigation.--
79	(5)  In order to carry out the duties of the department
80	prescribed in this chapter, designated employees of the Division
81	of Licensing of the Department of Agriculture and Consumer
82	Services State may obtain access to the information in criminal
83	justice information systems and to criminal justice information
84	as defined in s. 943.045, on such terms and conditions as are
85	reasonably calculated to provide necessary information and
86	protect the confidentiality of the information. Such criminal
87	justice information submitted to the division is confidential
88	and exempt from the provisions of s. 119.07(1).
89	(7)  The department may institute of Legal Affairs shall
90	represent the Department of Agriculture and Consumer Services in
91	judicial proceedings in the appropriate circuit court seeking
92	enforcement of this chapter, or any rule or order of the
93	department upon an action by any party seeking redress against
94	the department, and shall coordinate with the department in the
95	conduct of any investigations incident to its legal
96	responsibility.
97	Section 3.  Effective January 1, 2007, subsection (4) of
98	section 493.6303, Florida Statutes, is amended to read:
99	493.6303  License requirements.--In addition to the license
100	requirements set forth elsewhere in this chapter, each
101	individual or agency shall comply with the following additional
102	requirements:
103	(4)(a)  Effective October 1, 1994, An applicant for a Class
104	"D" license must complete have completed a minimum of 40 hours
105	of professional training at a school or training facility
106	licensed by the department. The department shall by rule
107	establish the general content and number of hours of each
108	subject area to be taught the training.
109	(b)  An applicant may fulfill the training requirement
110	prescribed in paragraph (a) by submitting proof of:
111	1.  Successful completion of the total number of required
112	40 hours of training before initial application for a Class "D"
113	license; or
114	2.  Successful completion of 24 hours of training before
115	initial application for a Class "D" license, and successful
116	completion of the remaining 16 hours of training within 180 days
117	after the date that upon the first application is submitted for
118	renewal of, a Class "D" license. If documentation of completion
119	of the required training is not submitted within the specified
120	timeframe, the individual's license is automatically suspended
121	until such time as proof of the required training is provided to
122	the department However, individuals licensed before October 1,
123	1994, need not complete additional training hours in order to
124	renew their licenses.
125
126	However, any person whose license has been revoked, suspended
127	pursuant to subparagraph 2., or whose license has been expired
128	for 1 year or longer is considered, upon reapplication for a
129	license, an initial applicant and must submit proof of
130	successful completion of 40 hours of professional training at a
131	school or training facility licensed by the department as
132	prescribed in paragraph (a) before a license will be issued. Any
133	person whose license was issued before January 1, 2007, and
134	whose license has been expired for less than 1 year must, upon
135	reapplication for a license, submit documentation of completion
136	of the total number of hours of training prescribed by law at
137	the time her or his initial license was issued before another
138	license will be issued. This subsection does not require an
139	individual licensed before January 1, 2007, to complete
140	additional training hours in order to renew an active license,
141	beyond the required total amount of training within the
142	timeframe prescribed by law at the time she or he was licensed.
143	Section 4.  Paragraphs (c) and (d) are added to subsection
144	(7) of section 501.059, Florida Statutes, to read:
145	501.059  Telephone solicitation.--
146	(7)
147	(c)  It shall be unlawful for any person who makes a
148	telephonic sales call or causes a telephonic sales call to be
149	made to fail to transmit or cause not to be transmitted the
150	telephone number and, when made available by the telephone
151	solicitor's carrier, the name of the telephone solicitor to any
152	caller identification service in use by a recipient of a
153	telephonic sales call. However, it shall not be a violation to
154	substitute, for the name and telephone number used in or billed
155	for making the call, the name of the seller on behalf of which a
156	telephonic sales call is placed and the seller's customer
157	service telephone number, which is answered during regular
158	business hours. For purposes of this section, the term "caller
159	identification service" means a service that allows a telephone
160	subscriber to have the telephone number and, where available,
161	the name of the calling party transmitted contemporaneously with
162	the telephone call and displayed on a device in or connected to
163	the subscriber's telephone.
164	(d)  It shall be unlawful for any person who makes a
165	telephonic sales call or causes a telephonic sales call to be
166	made to intentionally alter the voice of the caller in an
167	attempt to disguise or conceal the identity of the caller in
168	order to defraud, confuse, or financially or otherwise injure
169	the recipient of a telephonic sales call or in order to obtain
170	personal information from the recipient of a telephonic sales
171	call which may be used in a fraudulent or unlawful manner.
172	Section 5.  Section 501.142, Florida Statutes, is amended
173	to read:
174	501.142  Retail sales establishments; preemption; notice of
175	refund policy; exceptions; penalty.--
176	(1)  The regulation of refunds is preempted to the
177	Department of Agriculture and Consumer Services notwithstanding
178	any other law or local ordinance to the contrary. Every retail
179	sales establishment offering goods for sale to the general
180	public that offers no cash refund, credit refund, or exchange of
181	merchandise must post a sign so stating at the point of sale.
182	Failure of a retail sales establishment to exhibit a "no refund"
183	sign under such circumstances at the point of sale shall mean
184	that a refund or exchange policy exists, and the policy shall be
185	presented in writing to the consumer upon request. Any retail
186	establishment failing to comply with the provisions of this
187	section shall grant to the consumer, upon request and proof of
188	purchase, a refund on the merchandise, within 7 days of the date
189	of purchase, provided the merchandise is unused and in the
190	original carton, if one was furnished. Nothing herein shall
191	prohibit a retail sales establishment from having a refund
192	policy which exceeds the number of days specified herein. The
193	department may adopt rules pursuant to ss. 120.536(1) and 120.54
194	to enforce the provisions of this section. However, this
195	subsection does not prohibit a local government from enforcing
196	the provisions established by this section or department rule.
197	(2)  The provisions of this section shall not apply to the
198	sale of food, perishable goods, goods which are custom made,
199	goods which are custom altered at the request of the customer,
200	or goods which cannot be resold by the merchant because of any
201	law, rule, or regulation adopted by a governmental body.
202	(3)  The department may enter an order doing one or more of
203	the following if the department finds that a person has violated
204	or is operating in violation of any of the provisions of this
205	section or the rules or orders issued under this section:
206	(a)  Issue a notice of noncompliance pursuant to s.
207	120.695.
208	(b)  Impose an administrative fine not to exceed $100 for
209	each violation.
210	(c)  Direct the person to cease and desist specified
211	activities.
212	(4)  The administrative proceedings that could result in
213	the entry of an order imposing any of the penalties specified in
214	subsection (3) are governed by chapter 120.
215	(5)  Any moneys recovered by the Department of Agriculture
216	and Consumer Services as a penalty under this section shall be
217	deposited in the General Inspection Trust Fund.
218	(6)  Upon the first violation of this section, a local
219	government may issue a written warning. Upon a second and any
220	subsequent violation, a local government may impose a fine of up
221	to $50 per violation. Any moneys recovered by the local
222	government as a penalty under this section shall be deposited in
223	the appropriate local account.
224	Section 6.  Section 506.5131, Florida Statutes, is amended
225	to read:
226	506.5131  Return of shopping carts; assessment of fees,
227	fines, and costs.--
228	(1)  The rightful owner of any shopping cart with a
229	registered name or mark found on public property shall be
230	immediately notified of its recovery.
231	(2)  Notwithstanding any other provision of law or local
232	ordinance, no fee, fine, or costs may be assessed against the
233	owner of a shopping cart unless the shopping cart was found on
234	public property and, unless the shopping cart was removed from
235	the premises or parking area of a retail establishment by the
236	owner of the shopping cart, or an employee acting on the owner's
237	behalf, and the such fee, fine, or cost has been approved by the
238	Department of Agriculture and Consumer Services. This subsection
239	shall not apply to any ordinance adopted after January 31, 2002,
240	and prior to June 30, 2002, that requires a business
241	establishment to install a retention system to retain shopping
242	carts within the real property boundaries of a business
243	location.
244	Section 7.  Subsection (1) of section 525.01, Florida
245	Statutes, is amended to read:
246	525.01  Gasoline and oil to be inspected.--
247	(1)  For the purpose of this chapter:
248	(a)  "Department" means the Department of Agriculture and
249	Consumer Services.
250	(b)  "Petroleum fuel" means all gasoline, kerosene (except
251	when used as aviation turbine fuel), diesel fuel, benzine, or
252	other like products of petroleum under whatever name designated,
253	or an alternative fuel used for illuminating, heating, cooking,
254	or power purposes, sold, offered, or exposed for sale in this
255	state.
256	(c)  "Alternative fuel" means:
257	1.  Methanol, denatured ethanol, or other alcohols;
258	2.  Mixtures containing 85 percent or more by volume of
259	methanol, denatured ethanol, or other alcohols with gasoline or
260	other fuels, or such other percentage, but not less than 70
261	percent, as determined by the department by rule, to provide for
262	requirements relating to cold start, safety, or vehicle
263	functions;
264	3.  Hydrogen;
265	4.  Coal-derived liquid fuels; and
266	5.  Fuels, other than alcohol, derived from biological
267	materials.
268	Section 8.  Section 527.11, Florida Statutes, is amended to
269	read:
270	527.11  Minimum storage.--
271	(1)  Every person who engages in the distribution of
272	liquefied petroleum gas for resale to domestic, commercial, or
273	industrial consumers as a prerequisite to obtaining a liquefied
274	petroleum gas license shall install, own, or lease a bulk
275	storage filling plant of not less than 18,000 gallons (water
276	capacity) within the state and shall be located within a 75-mile
277	radius of the licensed company's business location. This bulk
278	storage filling plant must have loading and unloading provisions
279	solely for the licenseholder and be operated and maintained in
280	compliance with this chapter for the duration of the license.
281	(2)  A dealer in liquefied petroleum gas licensed as of
282	August 31, 2000, who has entered or who enters into a written
283	agreement with a wholesaler that the wholesaler will provide
284	liquefied petroleum gas to the dealer for a period of 12
285	continuous months is exempt from the requirements of subsection
286	(1), if the wholesaler has at least 18,000 gallons (water
287	capacity) of bulk storage within this state permanently
288	connected for storage, which is used as such for each dealer to
289	whom gas is sold, and if the wholesaler has loading and
290	unloading provisions. Such dealer must provide certification of
291	this agreement on a form provided by the department to the
292	department before her or his license may be issued. The form
293	must be signed by both the wholesaler or his or her agent and
294	the dealer or his or her agent and must be submitted annually
295	with the license renewal application. A dealer who does not
296	provide written proof of minimum storage may have her or his
297	license denied, suspended, or revoked. A No wholesaler may not
298	enter into written agreements that allocate an amount of storage
299	that exceeds the wholesaler's total storage capacity minus
300	18,000 gallons (water capacity).
301	(3)  A dealer in liquefied petroleum gas operating a single
302	dispensing unit for the sole purpose of direct product sale to
303	customers, including delivery of cylinders of 40 pounds or less
304	of propane gas capacity for use with outdoor equipment or
305	appliances that are not connected to or part of the permanent
306	interior piping of a structure, (no deliveries) or an operator
307	of a cylinder exchange unit is exempt from the requirements of
308	this section. A person may not deliver liquefied petroleum gas
309	by cargo vehicle unless the person complies with requirements
310	for minimum storage.
311	Section 9.  Subsection (5) is added to section 570.46,
312	Florida Statutes, to read:
313	570.46  Division of Standards; powers and duties.--The
314	duties of the Division of Standards include, but are not limited
315	to:
316	(5)  Enforcing the provisions of chapter 527.
317	Section 10.  Subsection (2) of section 570.47, Florida
318	Statutes, is amended to read:
319	570.47  Director; qualifications; duties.--
320	(2)  The director shall supervise, direct, and coordinate
321	the activities of the division and to that end shall, under the
322	direction of the department, enforce the provisions of chapters
323	501, 525, 526, 527, 531, and 616.
324	Section 11.  Subsections (6) through (9) of section
325	570.544, Florida Statutes, are amended to read:
326	570.544  Division of Consumer Services; director; powers;
327	processing of complaints; records.--
328	(6)(a)  The office or agency to which a complaint has been
329	referred shall within 30 days acknowledge receipt of the
330	complaint and report on the disposition made of the complaint.
331	In the event a complaint has not been disposed of within 30
332	days, the receiving office or agency shall file progress reports
333	with the Division of Consumer Services no less frequently than
334	30 days until final disposition.
335	(b)  The report shall contain at least the following
336	information:
337	1.  A finding of whether the receiving agency has
338	jurisdiction of the subject matter involved in the complaint.
339	2.  Whether the complaint is deemed to be frivolous, sham,
340	or without basis in fact or law.
341	3.  What action has been taken and a report on whether the
342	original complainant was satisfied with the final disposition.
343	4.  Any recommendation regarding needed changes in law or
344	procedure which in the opinion of the reporting agency or office
345	will improve consumer protection in the area involved.
346	(7)(a)  If the office or agency receiving a complaint fails
347	to file a report as contemplated in this section, that failure
348	shall be construed as a denial by the receiving office or agency
349	that it has jurisdiction of the subject matter contained in the
350	complaint.
351	(b)  If an office or agency receiving a complaint
352	determines that the matter presents a prima facie case for
353	criminal prosecution or if the complaint cannot be settled at
354	the administrative level, the complaint together with all
355	supporting evidence shall be transmitted to the Department of
356	Legal Affairs or other appropriate enforcement agency with a
357	recommendation for civil or criminal action warranted by the
358	evidence.
359	(7)(8)  The records of the Division of Consumer Services
360	are public records. However, customer lists, customer names, and
361	trade secrets are confidential and exempt from the provisions of
362	s. 119.07(1). Disclosure necessary to enforcement procedures
363	shall not be construed as violative of this prohibition.
364	(8)(9)  It shall be the duty of the Division of Consumer
365	Services to maintain records and compile summaries and analyses
366	of consumer complaints and their eventual disposition, which
367	data may serve as a basis for recommendations to the Legislature
368	and to state regulatory agencies.
369	Section 12.  Section 526.3135, Florida Statutes, is
370	repealed.
371	Section 13.  Subsection (9) of section 616.242, Florida
372	Statutes, is amended to read:
373	616.242  Safety standards for amusement rides.--
374	(9)  INSURANCE REQUIREMENTS.--
375	(a)  An owner may not operate an amusement ride unless the
376	owner has in effect at all times of operation insurance meeting
377	the following requirements:
378	1.  An insurance policy in an amount of not less than $1
379	million per occurrence, $1 million in the aggregate, which
380	insures the owner of the amusement ride against liability for
381	injury to persons arising out of the use of the amusement ride;
382	or
383	2.  A bond in a like amount; however, the aggregate
384	liability of the surety under the bond may not exceed the face
385	amount thereof.
386	(b)  The policy or bond must be procured from an insurer or
387	surety that is licensed to transact business in this state or
388	that is approved as a surplus lines insurer.
389	(c)  The insurance requirements imposed under this
390	subsection do not apply to a governmental entity that is covered
391	by the provisions of s. 768.28(16).
392	Section 14.  Except as otherwise expressly provided in this
393	act, this act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.